GREECE
Since August 2016, last amended in 2021
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 4412 on Public Works Contracts, Procurement Contracts, and Services (Νόμος 4412 - Δημόσιες Συμβάσεις Έργων, Προμηθειών και Υπηρεσιών (προσαρμογή στις Οδηγίες 2014/24/ΕΕ και 2014/25/ΕΕ))
Art. 25 of Law 4412/2016, which regulates public procurement in Greece, provides that participation in public procurement is reserved for local, EU and European Economic Area (EEA) companies and for companies from third countries that are parties to a relevant treaty with Greece or have ratified the WTO Government Procurement Agreement.
Coverage Horizontal
Sources
- https://web.archive.org/web/20170903135052/http://www.et.gr/idocs-nph/search/pdfViewerForm.html?args=5C7QrtC22wFHp_31M9ESQXdtvSoClrL8RC-n_7hz1t15MXD0LzQTLWPU9yLzB8V68knBzLCmTXKaO6fpVZ6Lx3UnKl3nP8NxdnJ...
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
GREECE
Since March 2004, last amended in February 2014
Since August 2016, last amended in 2021
Since August 2016, last amended in 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Law No. 4412 on Public Works Contracts, Procurement Contracts, and Services (Νόμος 4412 - Δημόσιες Συμβάσεις Έργων, Προμηθειών και Υπηρεσιών (προσαρμογή στις Οδηγίες 2014/24/ΕΕ και 2014/25/ΕΕ))
Law No. 4412 on Public Works Contracts, Procurement Contracts, and Services (Νόμος 4412 - Δημόσιες Συμβάσεις Έργων, Προμηθειών και Υπηρεσιών (προσαρμογή στις Οδηγίες 2014/24/ΕΕ και 2014/25/ΕΕ))
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Greece, the Directive has been transposed with Law No. 4412-Public Works contracts, procurement contracts and Services (adaptation to Directives 2014/24/ OJ and 2014/25/EU).
In Greece, the Directive has been transposed with Law No. 4412-Public Works contracts, procurement contracts and Services (adaptation to Directives 2014/24/ OJ and 2014/25/EU).
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230811225412/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=NIM:239895
- https://web.archive.org/web/20240224033351/https://www.eaadhsy.gr/n4412/
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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GREECE
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Greece, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises. Moreover, there are reports of complaints that Greece tends to require suppliers to source services and production locally or to partner with Greek manufacturers as a condition for the awarding of some contracts in public procurement.
Coverage Horizontal
GREECE
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that the Greek government has not imposed any restrictions on foreign ownership and investment in sectors relevant for digital trade.
Coverage Horizontal
GHANA
Since November 1973, last amended in September 2021
Since May 2015
Since May 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Standards Authority Act
Type Approval Guidelines - Electronic Communications Equipment
Type Approval Guidelines - Electronic Communications Equipment
The Ghana Standards Authority (GSA), under the Standards Authority Act, 1973, is responsible for conducting conformity assessment activities. The Product Certification Department offers assessment and impartial third-party attestation to confirm that specified requirements have been met. These requirements are typically outlined in standards or other normative documents. Product certification is carried out by certification bodies, which must adhere to ISO IEC 17065.
When telecom equipment dealers import ICT devices into Ghana, they are required to declare the shipment details to the National Communications Authority (NCA) through the Customs system. The NCA then conducts a physical inspection at the ports of entry to ensure that the devices are Type Approved. To facilitate this process, the NCA has established NCA Approval Testing Labs, which include laboratories for Specific Absorption Rate (SAR), Electromagnetic Field (EMF) measurements, Digital Terrestrial Television (DTT), and Radio Frequency and Signalling (RF & Sig) testing.
When telecom equipment dealers import ICT devices into Ghana, they are required to declare the shipment details to the National Communications Authority (NCA) through the Customs system. The NCA then conducts a physical inspection at the ports of entry to ensure that the devices are Type Approved. To facilitate this process, the NCA has established NCA Approval Testing Labs, which include laboratories for Specific Absorption Rate (SAR), Electromagnetic Field (EMF) measurements, Digital Terrestrial Television (DTT), and Radio Frequency and Signalling (RF & Sig) testing.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220128044156/http://extwprlegs1.fao.org/docs/pdf/gha17277.pdf
- https://web.archive.org/web/20231129173356/https://www.gsa.gov.gh/wp-content/uploads/2021/06/2-HOW-TO-GET-CERTIFIED.pdf
- https://web.archive.org/web/20220308083529/https://nca.org.gh/wp-content/uploads/2021/11/Type-Approval-Revised-Guidelines-2015-Final-Revised2.pdf
- https://web.archive.org/web/20230329062311/https://nca.org.gh/wp-content/uploads/2021/11/type-approval-technical-information.pdf
- https://web.archive.org/web/20230328123041/https://www.intertek.com/government/product-conformity/exports/ghana/
- https://web.archive.org/web/20220807234545/https://www.gsa.gov.gh/product-certification/
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GHANA
Since December 2008
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Electronic Transactions Act 2008 (Act 772)
The law prohibits the sale or provision of encryption or authentication services unless it is compliant with the country’s 2008 Electronic Transactions Act. The National Information Technology Agency is charged with certifying and issuing licenses for encryption and authentication services. Law enforcement officers are also entitled to require access to decryption information and “the reasonable technical and other assistance required for investigation or prosecution”.
Coverage Encryption and authentication services
GHANA
Reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is GHS 3,200 (approx. 200 USD).
Coverage Horizontal
GHANA
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Guidelines for registering domains under the GH2-DOM
According to the guidelines for registering domains under the GH2-DOM, for the registration of a ".gh" domain name, the domain administrator must be located in Ghana, and the domain administrator's company should have been registered in Ghana. In addition, domain names registered under the top-level .gh domains should be active within six months after registration.
Coverage Horizontal
GHANA
Since December 2008
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Electronic Transactions Act 2008 (Act 772)
The Electronic Transactions Act 2008 provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240127141108/http://www.researchictafrica.net/countries/ghana/Electronic_Transactions_Act_no_772:2008.pdf
- https://web.archive.org/web/20241211201931/https://unctad.org/page/cyberlaw-tracker-country-detail?country=gh
- https://web.archive.org/web/20230131012746/https://www.clrnn.net/2021/11/18/consumer-protection-in-ghana-oversight-enforcement-and-recommendations/
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GHANA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Ghana has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GHANA
Since 2008
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Ghana has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GHANA
Since 2008
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Ghana has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
GHANA
Since March 2012
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act, 2012
The Data Protection Act 2012 compels data controllers to appoint a data protection officer, also defined as a data protection supervisor. The supervisor is a professional whose role is to monitor the compliance of the data controller in accordance with the provisions of the Act, Section 58.
Coverage Horizontal
GHANA
Since January 2009
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Electronic Communications Act, 2008 (Act 775)
Under Section 100 of the Electronic Communications Act, the President is permitted to make written requests and issue orders to operators or providers of electronic communications networks or services requiring them to intercept communications, provide any user information or otherwise in aid of law enforcement or national security. The procedure lacks sufficient oversight as the exercise of such powers are exclusively at the President’s discretion.
In addition, under the Electronic Communications Act, the National Communication Authority can at anytime request data collected by data controllers and it is not clear whether a court order is required. Access is spelt out under Section 8 Paragraph 2: "The Authority may authorise a network operator or service provider to disclose lists of its subscribers, including directory access databases, for the publication of directories or for other purposes that the Authority may specify."
In addition, under the Electronic Communications Act, the National Communication Authority can at anytime request data collected by data controllers and it is not clear whether a court order is required. Access is spelt out under Section 8 Paragraph 2: "The Authority may authorise a network operator or service provider to disclose lists of its subscribers, including directory access databases, for the publication of directories or for other purposes that the Authority may specify."
Coverage Operators or providers of electronic communications
GHANA
Since December 2020
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Cybersecurity Act, 2020 (Act 1038)
The Cybersecurity Act in December 2020 greatly expanded the government’s legal authority to conduct surveillance, compelled telecommunication service providers to hand over data and control encryption providers. Section 76 empowers the Cybersecurity Authority to compel a service provider to install interception technology in order to facilitate the government’s surveillance powers under the law. Section 71 authorises security officers to collect and record communications metadata, either stored or in real-time, on receipt of a warrant.
Coverage Telecommunication service providers
